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Author: Minyu Zheng
Publisher: Edward Elgar Publishing
ISBN: 1035338378
Category : Law
Languages : en
Pages : 187
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Book Description
In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.
Author: Minyu Zheng
Publisher: Edward Elgar Publishing
ISBN: 1035338378
Category : Law
Languages : en
Pages : 187
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Book Description
In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9041194207
Category : Law
Languages : en
Pages : 779
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Book Description
Japanese Patent Law Cases and Comments Edited by Christopher Heath & Atsuhiro Furuta About the Editors: Christopher Heath is a judge at the European Patent Office and former head of the Max Planck Institute’s Asian Department. Atsuhiro Furuta is an administrative judge at the Japanese Patent Office. He graduated with a Master’s in Physics from the University of Tokyo and for two years was a guest researcher at the Max Planck Institute for Patent, Copyright and Competition Law in Munich. About this book: Japanese Patent Law is the first comprehensive work in English on all aspects of Japanese patent law presenting 66 cases with expert explanatory comments from academics, attorneys, judges and Japanese Patent Office officials. While not a common law jurisdiction, Japanese patent law in the past 20 years has been shaped by landmark decisions of the Supreme Court and, since 2005, the IP High Court. Approaching Japanese patent law via landmark decisions is arguably the most comprehensive manner of understanding the subject matter. Many of the cases appear in English for the first time. What’s in this book: Following an informative introduction explaining the economic importance of the patent system for Japan, the cases cover such specific issues as the following: definition of an invention; assessment of prior art, novelty and inventive step; rights of co-inventors; disclaimers, corrections and amendments; scope and limits of patent protection; distinction between repair and reconstruction; doctrine of equivalents; domestic and international jurisdiction in patent matters; interim proceedings and measures; defence of invalidity; damage calculation; patent term extension system; and utility models. Each case commentary follows a uniform structure, including background, summary of the facts, analysis and comparative remarks. The latter allows the reader to put developments in Japan in an international context. How this will help you: With the wealth of knowledge it makes available – leading Japanese patent cases in English translation, comparative case commentaries by leading experts on Japanese patent law, comprehensive analytical coverage of all aspects of Japanese patent law and coverage of related fields such as licensing, antitrust and civil procedure – this easy-to-use book will be warmly welcomed by patent attorneys and other practitioners (including Japanese patent practitioners advising foreign clients), patent academics and patent offices worldwide.
Author: Adam Jolly
Publisher: Kogan Page Publishers
ISBN: 9780749442231
Category : Business & Economics
Languages : en
Pages : 270
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Book Description
This book is designed as a practical reference source for creators and users of intellectual property (IP), directing them towards the best of current thinking and practice in building and developing a cost-effective portfolio of rights.Every year, The Patent Office receives over 30,000 patent applications and 34,000 trade mark applications. The potential for creating value from ideas, brands, designs and processes has never been greater. But neither has the speed at which innovation and creativity can be replicated around the world. Organizations need to find ways of keeping ahead of their rivals. To this end, the process of defining and protecting IP is becoming a mainstream activity with as much future impact as finance or marketing. IP protection can be equally important in securing the distinctive know-how and identity on which an organization is based.A Handbook of Intellectual Property Management is a practical source of advice and reference filled with contributions from leading innovators and top patent and trade mark attorneys on a range of topics, including:the value of IPEU versus USbrand identitiesbuying and selling rightsbuilding an IP teamstart-ups and spin-outsacquisitions, flotation and liquidationmanufacturing and creative industriesconsumer goods and financial servicespatents, trade marks, copyright and design rightsaction against counterfeiting, piracy and competitors
Author: Mark J. Davison
Publisher: Cambridge University Press
ISBN: 1108800858
Category : Law
Languages : en
Pages : 809
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Book Description
The fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia. This edition has been thoroughly revised to cover the most recent developments in intellectual property law, including significant case law and discussion of the proposed and enacted amendments to the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder's Rights Act 1994 (Cth). The text has been restructured, but continues to provide a complete discussion of the black-letter aspects of the law. Commencing with copyright, then followed by design law, confidential information, patents, plant breeder's rights, then finally trade marks. The work ends with a chapter on enforcing legal rights and civil remedies. Written by highly-respected intellectual property law researchers this text is an invaluable resource for both undergraduate and postgraduate students, academics and other professionals working with intellectual property.
Author: Mark Davison
Publisher: Cambridge University Press
ISBN: 1107472296
Category : Law
Languages : en
Pages : 807
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Book Description
Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9403502053
Category : Law
Languages : en
Pages : 295
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Book Description
Intellectual Property Rights as Obstacles to Legitimate Trade helps to understand one of the underlying rationales of the TRIPS Agreement in light of some of the most pertinent IP issues. The WTO/TRIPS Agreement for the first time put IP rights in the context of trade rules, such as when does the exercise of IP rights become an unjustified burden to legitimate trade? Cases have arisen where IP rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: – interpretation of ‘obstacles to legitimate trade’ in the context of GATT/ WTO jurisprudence; – separating markets by preventing parallel importation in the context of patents; – geoblocking – territorial separation of digital markets; – using trademarks to prevent competition; – geographical indications – protection of terms that are considered generic in certain domestic markets; – seizure of goods in transit; – ‘evergreening’ patents – attempts to extend the duration of patents; – rights to second-hand digital goods or content; – unjustified threats – towards appropriate standards of liability. Focusing on topical and under-researched areas of IP law, the contributors stimulate a discussion on an overarching concern that is not often addressed – how to assess whether the protection and enforcement of certain IP rights in particular situations should be classified as trade barriers. As an incisive analysis of the desirable balance between the exercise of IP rights and the demands of legitimate trade, this book will be welcomed by practitioners, lawmakers, policy advisers, and academics in both trade law and IP law.
Author: Abbe Brown
Publisher: Oxford University Press, USA
ISBN: 0198799802
Category : Law
Languages : en
Pages : 967
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Book Description
A unique perspective on intellectual property law. It examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come.
Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
ISBN: 1848440189
Category : Law
Languages : en
Pages : 393
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Book Description
Dr Rimmer s book is a marvellous introduction to a crucial topic of our time. He writes engagingly, provocatively and always with good humour. A highly technical and complex area of law has been reduced to clear descriptions and searching analysis. Truly, this is an important book on an essential topic that will help define the ethics of a future that includes nothing less than the future of our species. From the foreword by the Hon Justice Michael Kirby AC CMG, the High Court of Australia . . . the author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists. Journal of Intellectual Property Rights Rimmer s book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on. Stefan M. Miller, Journal of Commercial Biotechnology . . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended. David Rogers, European Intellectual Property Review Rimmer has put a great deal of thought and effort into this series of chapters. For those looking at how to reform, direct and develop laws in relation to biotechnology, this book is brimming with ideas, suggestions and recommendations of what to do next. Rebecca Halford-Harrison, Chartered Institute of Patent Attorneys . . . an excellent introduction to a wide range of legal thinking in an increasingly controversial and relevant area to humankind. Sharon Givoni, Australian Intellectual Property Law Bulletin Rimmer s new book is a timely and very thought-provoking analysis of patent law and biotechnology and asks a very serious question: can a 19th century patent system adequately deal with a 21st century industry? Kate McDonald, Australian Life Scientist This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive particularly in respect of Myriad Genetics BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.
Author: Pierre Kobel
Publisher: Springer Nature
ISBN: 3030557650
Category : Law
Languages : en
Pages : 505
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Book Description
This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Author: Massimo Sterpi
Publisher: Sweet & Maxwell
ISBN: 1908239123
Category : Law
Languages : en
Pages : 540
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Book Description
The Conflict of Laws is now a well-established textbook on this complicated and fast moving area of law. The text explains the fundamental principles of the subject but also allows the reader to stand back from the rules dealing with specific topics and to consider some issues which concern the working of the conflict of laws as a whole, in particular, the theoretical basis and methodology., thus, making it an ideal textbook for students on both academic and professional courses.
